RESOLUTION FOR BOARD MEETING OF MAY 16, 2019
Title
RESOLUTION Adopting a Schedule for the Execution and Completion of Construction of the Addison Creek Channel Improvement Project in the municipalities of Northlake, Stone Park, Melrose Park, Bellwood, Westchester, and Broadview, Cook County, Illinois, Contract 11-187-3F, and Authorizing the Immediate Vesting of Title to Real Estate for the Execution Thereof (As Revised)
Body
WHEREAS, on August 6, 2015 the Board of Commissioners (“Board”) adopted Ordinance R15-006 establishing the right-of-way for the construction, operation and maintenance of the Addison Creek Channel Improvement Project in the municipalities of Northlake, Stone Park, Melrose Park, Bellwood, Westchester, and Broadview, Cook County, Illinois (Contract 11-187-3F)(“Project”);
WHEREAS, the Board has amended Ordinance R15-006 through the adoption of Ordinance R15-007 on September 17, 2015, R18-003 on June 7, 2018, and R19-002 on May 16, 2019, to include additional properties needed for the Project right-of-way that were not included in the original ordinance;
WHEREAS, the Board determines that completion of the Project in accordance with the schedule adopted by the Board herein is necessary and essential to the public interest and is required for the public health, welfare and safety and to properly discharge the public duties, powers and responsibilities of the District;
WHEREAS, the Executive Director has reported that the District has been unable to identify the owners of several remaining parcels despite its due diligence, or has otherwise been unable to reach an agreement as to the acquisition terms and price through direct negotiations with the respective owners of the real estate involved;
NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of the Metropolitan Water Reclamation District of Greater Chicago:
Section 1. That the Board adopt the following schedule and plan of operation for the execution and completion of construction of the Addison Creek Channel Improvement Project in the municipalities of Northlake, Stone Park, Melrose Park, Bellwood, Westchester, and Broadview, Illinois (Contract 11-187-3F):
a. Acquisition of Right-of-Way: September 3, 2019
b. Advertise for Bids: October 16, 2019
c. Award Contract: January 16, 2020
d. Start of Construction: January 29, 2020
e. Completion of Construction: January 28, 2022
Section 2. That it is hereby found and determined that it is necessary to take or acquire the fee simple title or such lesser interests, as appropriate, in and to the property constituting the right-of-way set forth in Ordinances R15-006, R15-007, R18-003, and 19-002, immediately, in order to comply with the schedule adopted by the Board herein for the construction, execution, and completion of this Project.
Section 3. That inasmuch as negotiations for the acquisition of said property have proven unsuccessful despite its due diligence, the General Counsel of the Metropolitan Water Reclamation District of Greater Chicago is hereby directed, pursuant to the provisions of Illinois Compiled Statutes Chapter 70, Section 2605/16 and Chapter 735, Act 30, Article 20, Section 20-5-5 through 20-5-50, to immediately acquire the aforementioned fee simple title or lesser interests, as appropriate.
Section 4. This Resolution shall be in full force and effect from and after its passage.
Dated: this 16th day of May, 2019:
Approved:
_______________________________________
Kari K. Steele
President
Board of Commissioners
Metropolitan Water Reclamation District
of Greater Chicago
Approved as to form and legality:
____________________________________
Head Assistant Attorney
____________________________________
General Counsel